ENPRO Activities 2023-2024

In addition to exchanging information on organisational and legal changes in the member countries, the ENPRO network deals with a key topic at its annual conferences.

At the 2023 Annual Meeting in Visby/Sweden (14 September 2023), the focus was on the topic of illegal discharges into the Baltic Sea. After lectures by speakers from the Swedish Chalmers University of Technology and Swedish Transport Agency, an in-depth exchange of experiences took place, which resulted in the following key points:

• It would be a significant legal clarification and thus also a simplification of the investigations if, as in the MARPOL Annex I cases, contamination in MARPOL Annex II discharges were to classify the Baltic Sea as a special sensitive area. 
• A particular problem from a legal and factual point of view continues to be the “en route regulations” in MARPOL. During the meeting, it emerges that there are different interpretations of this legal term among the countries bordering the North Sea and the Baltic Sea. If it is no longer clear what the legal term “en route” actually stands for, it could also be deleted for reasons of legal clarity. From a marine conservation point of view, this would certainly have negative consequences. 
• Regarding air pollution, the use of scrubbers on vessels does not seem to be an optimal solution to the meeting. UNCLOS Article 195 states that one does not solve a problem of marine conservation by a new problem of marine conservation.  
• The meeting wonders whether it is a sensible idea to solve the problem of air pollution by using scrubber systems that first extract cooling water from the sea and then pump it back into the sea – now contaminated with noxious substance. 
• The meeting welcomes the recent training of MARPOL Inspection Officers. It would certainly make sense if the officers were told that in the case of contraventions, a strong focus must be paid to the preservation of evidence at an early stage of the proceedings. The officers should also be prepared for the fact that they may have to appear as witnesses in court.

At the 2024 Annual Meeting in Skagen/Denmark (16 May 2024), the main topic was “Cases related to coastal protection, particularly cliff lines and dunes”. Various national cases were referred to in which coastal protection requirements were disregarded. 

A Danish case in which sand dunes were damaged in a conserved area according to the Danish law was discussed in detail. Sand had been pushed down from several dunes on a plateau; in addition, the vegetation on the dunes was largely destroyed. During the investigation, the clarification of the facts was difficult, as various problems arose from a factual and legal point of view. Importance was attached to the classification and quantification of the damage caused by the perpetrators. Particular attention was also required to coordinate the proper coordination of all authorities responsible for coastal and nature conservation after the damaging event.

The subsequent discussion among the participants revealed a variation in the character and number of cases related to coastal protection. The meeting emphasized – that even though the character of the crimes and the penalty provisions are different – the high level of benefit of the cross-border exchange of experience. In the case of environmental offences of this kind, it is indispensable to contact the prosecution service in the very early stage of the investigation to make sure that the right evidence is collected and can later be used in court. Even at this early stage, efforts must also be made to ensure that cooperation with the local administrative authorities and the responsible environmental service is as conflict-free as possible.